On Lawsuit To Request Trial Omissions Relief,

Lawsuit is the parties shall submit the court and hope to gain a decision support entity request Due to the complexity of the legal relationship in reality,the party's petition often embodied in the compound shape lawsuit.Lawsuit'plural form,easily makes courts omissions partial lawsuit requests in trial,as producing omission phenomenon,nemdly the omission of litigant requests in trial.Specifically,the omission litigant requests in trial may appear in the trial,may appear in the trial process,and may appear in two stages, namely the omission of form of"is anything but not judge sentenced"or "not judge and not sentenced to".Due to the lawsuits are different from the procedural matters or other entity matters,so the omission of litigant requests in trial is also different from these matters of the missing.From the surface looks,these omitted litigart requests and judge sentenced itigant requests are independent and can be separated in form.But in essence,they still have some correlations from each other,namely there is a link in content,but given the different degree of the close contact and mutual influence,the omission of litigant requests in trial can be divided into two classes:The first kind of circumstance,the omitted appeals and the sentenced appeals have mutual influence and closely related to their respective conclusions of cognizance.Such as indispensable joint action,if any party of appeals ha been omitted,it will inevitably affect the verification of the entire case.So the omitted of the former will cause not clear and error of the fact confirmed,mlaking the decision conclusion errors .The second case,the connection between of the omitted appeals and the entenced appeals was not very closely,mutual influence degree also not deep.Such as the common joint action.the omitted appeals will not influence the correct cognizance the ther parties'appeals essentially,The court trial them together just for considering the similarity or efficiency,so omitting the former will not affect the correct cognizance of the conclusions in essence,only may make the original trial process for facts recognized insufficieney and incompete,thus make judgment conclussion not complete,which is relative to the expected complete objete judgment character.but not wrong.According to these different situations of the omission of litigant requests in trial,we can find them from Judgment content or review process,and put forward some relievesPassing to the civil procedure law,it stipulates that the judge omissions should be relieved by remand for retrial and retral respectively.being worth of affirmation.But there are still not fully relidf way places for the omission of litigant requests in trial for different cases not being treated differently,And countries or areas of continental law system mostly adopt supplementary judgment.still not making a differential treatment and not comprehensive.but it also provides us an important reference,namely the supplementary judgment should be a major relief way of the omission of litigant requests in trial.We can have a conchusion from comprehensive various aspects,sccording to the two different kinds of the omission of requests in trial,that we should adopt different elief ways:firtly,if omitted appeals cause original facts recognized not clear and judgment conclusion wrong,the way of remand for retrial or retial should be adopted. secondly,if omitted appeals do not cause original facts and judgment conclusion reeognized wrong and only cause facts recognized insufficency and judgment conclusion incomplete situation,we can build the system of supplementary judgment to relieve it by referencing to foreign experience,and set up perfect procedures to achieve full relief effect.